Case Details

Citation(s)
1999 SLG 607 1999 SLD 607 1999 SCMR 2868
Supreme Court of Pakistan
Criminal Miscellaneous Petition No.21-L of 1997 in Criminal Appeal No.446 of 1995, decision dated: 22-04-1997.
IRSHAD HASAN KHAN, RAJA AFRASLAB KHAN AND KHALIL-UR-REHMAN KHAN, JJ

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KHUSHI MUHAMMAD

VS

INSPECTOR-GENERAL OF POLICE, PUNJAB, LAHORE and 4 others

Law:

Section:

Supreme Court Rules, 1980--O. XXXIII, R.6---Constitution of Pakistan (1973), Arts. 187(2) & 190--­Implementation of order of Supreme Court---No concrete steps had been taken by the police to effect the arrest of the accused after cancellation of bail granted to him by High Court, despite the order passed by Supreme Court--­Article 187 (2), of the Constitution had specifically provided for enforcement of any direction, order or decree passed by Supreme Court by the concerned High Court---Petitioner, therefore, might approach the High Court for speedy and effective implementation of the decision of Supreme Court which was the Constitutional obligation of the Government under Art. 190 of the Constitution---Petition was disposed of accordingly. Ijaz Hussain Batalvi, Senior Advocate instructed by Muhammad Aslam Ch. Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 22nd April, 1997. ORDER IRSHAD HASAN KHAN, J.---The petitioner through this petition, under Order XXXIII, Rule 6 of the Supreme Court Rules, 1980 seeks implementation of the judgment of this Court in Criminal Appeal No.446 of 1995, decided on .10-10-1995 rendered in the case of Khushi Muhammad­ Petitioner v. Rab Nawaz and 3 others Respondents (1996 SCMR 172), whereby this Court cancelled the bail granted to Rab Nawaz respondent No.5 herein by order of the learned Judge in Chamber, dated 3-8-1995 passed in Criminal Miscellaneous No.2494-R of 1995. Non-bailable warrant was also directed to be issued for the arrest of Rab Nawaz respondent No.5 herein. The accused was also denied benefit of the 3rd proviso of section 497(1), Cr.P.C. in that, admittedly he had escaped from the custody and was re-arrested more than 1-1/2 years afterwards. 2. Mr. Ijaz Hussain Batalvi, Senior Advocate, appearing on behalf of the petitioner, submitted that Rab Nawaz respondent had become terror for the petitioner's family and their lives were in danger but the local administration was not taking any interest for his arrest despite the issuance of non-bailable warrants by this Court. It is further alleged that during his abscondance he was involved in case registered with Police Station Mid Ranjha,…
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